92 Decision Citation: BVA 92-05446
Y92
BOARD OF VETERANS' APPEALS
WASHINGTON, D.C. 20420
DOCKET NO. 91-43 025 ) DATE
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THE ISSUE
Entitlement to service connection for peripheral vascular
disease of the lower extremities.
REPRESENTATION
Appellant represented by: Disabled American Veterans
ATTORNEY FOR THE BOARD
V. Jordan, Counsel
INTRODUCTION
The veteran served from May 1949 to October 1953 and from
January 1954 to April 1954.
This matter came before the Board on appeal from a rating
decision of June 1991, from the St. Louis, Missouri,
Regional Office. The notice of disagreement was received in
July 1991. The statement of the case was issued in August
1991. The substantive appeal was received in August 1991.
The appeal was received at the Board and docketed in
September 1991. The appellant is represented by the
Disabled American Veterans in this matter.
REMAND
In addition to the issue of entitlement to service
connection for peripheral vascular disease, the rating
action of June 1991 also denied increased evaluations for
the veteran's service-connected disabilities and a total
rating based on individual unemployability. The veteran's
notice of disagreement indicated that the veteran disagreed
with this decision in its entirety. However, only the issue
of entitlement to service connection for peripheral vascular
disease was developed for appellate consideration.
The veteran's representative has pointed out that the
Department of Veterans Affairs (hereinafter VA) has a duty
to assist the veteran, which includes development of all
issues raised. It has been requested that the case be
remanded for development of these issues.
In light of the above, the Board is of the opinion that
further action is appropriate. Accordingly, the case is
REMANDED for the following action:
The originating agency should take
appropriate adjudicative action in
response to the veteran's notice of
disagreement with all additional issues
denied by the rating action in June 1991,
to include issuance of a statement of the
case with regard to these issues. The
appellant and his representative should
be given an opportunity to respond.
Thereafter, the record should be returned to the Board for
further appellate consideration, if in order. No action by
the appellant or his representative is required until
further notice is received.
BOARD OF VETERANS' APPEALS
WASHINGTON, D.C. 20420
C. P. RUSSELL C. A. QUARLES, M.D.
JACK W. BLASINGAME
Under 38 U.S.C. § 7252, only a decision of the Board of
Veterans' Appeals is appealable to the United States Court
of Veterans Appeals. This remand is in the nature of a
preliminary order and does not constitute a decision of the
Board on the merits of your appeal.